Neck / cervical spine decisions — 2024

The Board has determined that the Veteran's claims for service connection have been improperly denied due to a failure to obtain his Air National Guard service records. The Board is remanding these cases to allow for further development and consideration of the claims.

The Veteran's service-connected disabilities are considered, and a new examination is required to determine if he requires aid and attendance or is housebound due to his conditions.

The Veteran's appeals for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for his cervical spine disability from September 9, 2011 to January 1, 2014, or for his left ankle disability. Service connection for hypertension was also denied.

The Board denied service connection for cervical strain and lower back condition, finding that the Veteran's current conditions did not have their onset in service or within one year of service, and continuity of symptomatology since service has not been shown.

The Board has remanded the Veteran's claim for a cervical spine disability to include as secondary to service-connected status post-thoracotomy with fibromyositis of the left upper half of the trapezius muscle due to incomplete compliance with previous remand directives. The case is being returned for further development and additional VA examinations.

The Board has determined that the Veteran's claims for increased ratings and service connection are not resolved in his favor, necessitating further examination and review.

The Veteran's lumbar strain and cervical strain have been granted initial evaluations of 40 percent each, effective December 23, 2016. The dermatitis has also been granted an initial evaluation of 10 percent, effective the same date. Migraines are not entitled to a higher evaluation.

The Board has found that the Veteran's claims for service connection and increased rating need further examination to determine the nature and etiology of his bilateral shin splints and cervical spine disability. The examinations will be scheduled by the AOJ.

The Veteran's service-connected conditions, including bronchial asthma, thoracolumbar spine disorder, tinnitus, and cervical spine disorder, have prevented him from securing or maintaining substantially gainful employment since June 22, 2018. The Board has granted a TDIU rating on an extraschedular basis for this period.

The Veteran's radiculopathy of the right upper extremity is granted as secondary to his service-connected cervical intervertebral disc syndrome with strain.,The Veteran's headaches are granted as secondary to his service-connected cervical intervertebral disc syndrome with strain.,The Veteran's right knee disorder is granted as secondary to his service-connected left knee patellofemoral syndrome.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected cervical spine degenerative disc disease and spinal stenosis.

The Veteran's claim for total disability rating based on individual unemployability (TDIU) prior to January 26, 2011 is denied.,The earlier effective date for service connection of cervical strain is denied.,The initial rating in excess of 20 percent for cervical strain is denied.

The Board has remanded all of the Veteran's claims due to procedural errors and incomplete records, particularly regarding his service treatment records and potential military environmental exposures.

The Board has denied the Veteran's claims for service connection for right ear hearing loss, eye disability, hernia disability, hypertension, right shoulder disability, left shoulder disability, cervical spine disability, sleep apnea, and skin cancer due to a lack of evidence showing these conditions during his period of active duty. The claims are being remanded to obtain information about the Veteran's periods of service.

The Veteran's appeal seeking earlier effective dates for ratings of left and right femoral radiculopathy is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of lumbar spine degenerative arthritis with IVDS, left lower extremity radiculopathy (sciatic), and right lower extremity radiculopathy (sciatic) is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of cervical spine degenerative arthritis with IVDS and right upper extremity radiculopathy is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of left upper extremity radiculopathy is dismissed.

The Veteran's service-connected cervical spondylosis, left and right upper extremity radiculopathy, and carpal tunnel syndromes have been granted initial ratings from specific dates. The effective date for the award of a total disability rating due to individual unemployability (TDIU) is set at August 30, 2005.

The Veteran's claims for increased ratings for his service-connected neck disability, right upper extremity radiculopathy, and left upper extremity radiculopathy have been denied. The Board found that the evidence did not support a higher rating than the current assigned ratings.,The Veteran was granted an initial 20 percent rating for chronic cervical spine strain (neck disability) effective June 2, 2015.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to PTSD and his TDIU claim, finding that there was no evidence linking his sleep apnea to his service-connected PTSD or any other service-connected condition.

The Board has denied the Veteran's claim for service connection for a neck disability, finding that there is no evidence of chronic disease in service or continuity of symptoms after service. The current cervical spine disability is determined to be age-related and unrelated to any in-service injury.

The Board has granted service connection for degenerative arthritis of the cervical spine with IVDS, degenerative arthritis of the lumbar spine, and osteoarthritis of the left hip. The Veteran's disabilities are deemed to have started during his active duty.